Transformative Animal Law: The Recognition Of Animals’ Habeas Corpus In Comparative Constitutional Law

The present contribution examines the recognition of habeas corpus for animals in comparative constitutional law, emphasizing transformative legal developments in the Global South. It explores how constitutional adjudication has redefined animals’ legal status from objects to subjects of rights, highlighting landmark cases from Latin America and Asia. The discussion extends to the role of comparative law in shaping animal rights jurisprudence and the challenges of implementing these rights in practice. It is argued that legal subjectivity is a dynamic concept, historically instrumental in emancipation, and essential for advancing animal protection within contemporary constitutional frameworks. Eventually, the impact of comparative law on the interpretation of the newly amended Article 9 of the Italian Constitution is examined, considering the possible influence of constitutional transformations in animal rights in the Global South on the Italian legal system.